2026:MHC:399 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-01-2026 CORAM THE HONOURABLE Mr.JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN WP No. 6702 of 2025 and WMP.No.7355 of 2025

1. Selvi W/o.Srinivasan, Residing At Ondiveeran Salai, Iii Main Road, Korarttur, Chennai- 76.

2.Saravanan S/o.Venu, Residing At Ondiveeran Salai, Iii Main Road, Korarttur, Chennai- 76. Petitioner(s)

Vs

1. The Government Of Tamilnadu Rep By Its Secretary, Public Works Department (PWD)

Water Resources Organization, Fort St. George, Chennai- 09.

2.The Executive Engineer Public Works Department (PWD)

Water Resources Organization Thiruvallur- 602 001. 3.The Section Officer Public Works Department (PWD)

Water Resources Organization Red Hills Irrigation Section, Red Hills, Chennai- 52. 4.The District Collector Chennai, Chennai- 01.

5.The Tahsildar Ambattur Taluk, Ambattur, Chennai- 53

6.R.Saravanan S/o.V.Rathinam No.58, 2^nd Main Road, Srinivasapuram, Korattur, Chennai-600 076.

(R6 impleaded vide order dated

27.01.2026 made in WMP.No.27379/2025 in WP.No.6702/2025 BY SMSJ&CKJ)

Respondent(s)

PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, to call or the records made in impugned notice order No. Nil and dated 20.02.2025 and affixed the notice in a tree Opposite to the petitioners house by the 3rd Respondent herein and quash the same as illegal and directing the District Collector fourth respondent herein to consider the representation dated 18.02.2025 not to evict the petitioners from their respective house at Ondiveeran street, Korattur village in survey no.331/10A3A to secure ends of justice.

For Petitioner(s): Mr.R.Sankarasubbu For Respondent(s): Mr.A.Selvendran Special Government Pleader ******

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

The present writ petition has been instituted challenging the notice dated

20.02.2025. No writ against the notice is entertainable and an aggrieved person is at liberty to submit his explanation along with the documents, if any to the Authorities, enabling them to consider the same and take a final decision for removal of encroachments from the water bodies. Pertinently, enforcement actions are initiated for removal of encroachments from the water body i.e., lake in the present case, pursuant to the order of the Division Bench of this Court dated 26.04.2024 passed in WP.No.11909 of 2024.

2.The learned Special Government Pleader Mr.A.Selvendiran would submit that the entire encroachments in the water body had already been removed except six houses involved in the present writ petition in the water body. Pursuant to the interim directions of this Court, Commissioner of Land Administration, District Collector and the competent Authorities constituted a joint Committee, conducted an inspection and submitted a report identifying encroachments in the lake. Inspection was conducted on 20.07.2024. In view of the interim order of status quo, they are unable to evict the encroachers.

3.Mr.R.Sankarasubbu, learned counsel for the writ petitioners would submit that the petitioners have got certain rights and more so another Division Bench of this Court passed an order on 09.10.2024 in WP.No.29583 of 2024.

However, the writ petition was closed.

4.The learned Special Government Pleader would submit that encroachments pertain to only Korattur lake, which is comprised in S.No.813 and no eviction process would be carried out in respect of S.No.331/10A3A.

5.Pertinently, the Commissioner of Land Administration and the District Collector constituted a joint Committee, conducted field inspection and identified the encroachments in Korattur lake, which is a water body.

6.Encroachments in water body at no circumstances be allowed, as it would affect the preservation of water for the benefit of people at large. So protection of water bodies and lakes is of paramount importance and it is the duty mandated on the State to protect the same. Under thes